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Yachats City Zoning Code

CHAPTER 9

84 AMENDMENTS

§ 9.84.010 Authorization to initiate amendments.

An amendment to the text of this title or to a zoning map may be initiated by the City Council, the Planning Commission or by application of a property owner in the affected area.
(Ord. 73E § 13.010, 1992)

§ 9.84.020 Amendment to the text.

The following procedure shall be followed in applying for and acting on an amendment to the text of this title:
A. 
The Planning Commission shall conduct a public hearing on the proposed amendment to the text at its earliest practicable meeting after the City Recorder receives the completed application, and shall, within 40 days after the hearing, provide a report and recommendations to the City Council regarding the consistency of the proposed amendment with the comprehensive plan. Notice of a public hearing shall be given in accordance with Section 9.88.060.
B. 
The City Council after receiving the Planning Commission's report and recommendation(s) shall conduct a hearing on the proposed amendment to the text of this title. Notice of the public hearing shall be given in accordance with Section 9.88.060.
C. 
At the conclusion of the public hearing, the City Council may approve, deny or remand back to the Planning Commission for reconsideration the proposed amendment, pursuant to Chapter 9.88.
(Ord. 73E § 13.020, 1992)

§ 9.84.030 Amendment to a zoning map.

The following standards and procedures shall be followed in applying for and acting on an amendment to modify or change a zoning map:
A. 
Standards.
1. 
The change is in accord with the land use plan for the area; and
2. 
There has either been a substantial change in the character of the area since zoning was adopted, which warrants changing the zone; or, the zoning adopted for the area was in error;
3. 
If the proposed change is not in accord with the land use plan for the area, the Planning Commission and the City Council shall seek to determine that alteration of the plan can be justified on the basis that there has been a substantial change in the character of the area since the plan was adopted and which warrants a change in the plan, or that the plan adopted for the area was in error.
B. 
Procedure.
1. 
The applicant shall submit the complete application and filing fee at the City office. Pursuant to Chapter 9.88, the request is placed on the agenda for Planning Commission consideration, and is duly noticed by the City Recorder.
2. 
The Planning Commission shall conduct a public hearing on the proposed amendment and shall, within 40 days after the hearing, provide a report and recommendation(s) to the City Council regarding consistency of the proposed amendment with the standards in subsection A of this section.
3. 
The City Council shall conduct a public hearing on the proposed amendment to the zoning map subsequent to receiving the report and recommendation(s) of the Planning Commission. Notice of the public hearing shall be given in accordance with Section 9.88.060.
4. 
At the conclusion of the public hearing, the City Council may approve, deny or remand back to the Planning Commission for reconsideration the proposed amendment, pursuant to Chapter 9.88.
(Ord. 73E § 13.030, 1992)

§ 9.84.040 Records.

The City Recorder shall maintain records of amendments to the text and map of this title in a form convenient for use by the public.
(Ord. 73E § 13.040, 1992)

§ 9.84.050 Limitations.

No application of a property owner for an amendment to the text of this title or to the zoning map shall be considered by the Planning Commission within the one-year period immediately following a previous denial of such a request, except the Planning Commission may permit a new application, if in its opinion, new evidence or change of circumstances warrant it.
(Ord. 73E § 13.050, 1992)